PURPOSE: to approve the conclusion of the amending agreement between the European Union and the Republic of Mauritius on the short-stay visa waiver.

NON-LEGISLATIVE ACT: Council Decision (EU) 2019/78 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver.

CONTENT: the Council approved, on behalf of the European Union, the Agreement between the EU and Mauritius amending the Agreement between the European Community and Mauritius on the short-stay visa waiver.

As a reminder, the Commission negotiated, on behalf of the Union an agreement with the Republic of Mauritius which amends the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver. The amending agreement has been signed.

The amending agreement ensures legal coherence and harmonisation between Member States, in accordance with the new definition of short-term stay provided for by the amendment of the Schengen Borders Code. It therefore provides for a visa-free travel regime for EU citizens and citizens of Mauritius travelling to the territory of the other Contracting Party for a stay of up to 90 days in any 180-day period.

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom and Ireland do not participate. Consequently, these two countries are not bound by this decision or subject to its application.

ENTRY INTO FORCE: 20.12.2018.

The European Parliament adopted, by 576 votes to 52 with 10 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver.

Parliament gave its consent to the conclusion of the agreement.

The new visa waiver agreement will enable citizens not only to derive full benefit from the ACP-EU partnership but continuing also to participate in it by travelling at a reduced, economical and practical cost under a clearer and more coherent legal framework. It significantly deepens relations between the European Union and the Republic of Mauritius, which is politically highly significant in the context of the Cotonou Agreement.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Emilian PAVEL (S&D, RO) on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver.

The committee recommended that the European Parliament give its consent to the conclusion of the agreement.

The Agreement amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver agreement ensures legal coherence and harmonisation between Member States, in accordance with the new definition of short-term stay provided by the Schengen Borders Code amendment, which clarifies the meaning of this term (a stay of up to 90 days in any 180-day period).

Mauritius is a member of the African, Caribbean and Pacific Group of States, African Union, Common Market for Eastern and Southern Africa, Indian Ocean Rim Association, Non-Aligned Movement, Organisation internationale de la Francophonie, Southern African Development Community, United Nations and World Trade Organization. Mauritius hosts the headquarters of the Indian Ocean Rim Association.

The explanatory statement accompanying the recommendation notes the following points:

economically , Mauritius has a very good record of growth. Despite the country’s isolation from major world markets, it is among the most successful of small developing countries in diversifying its economy out of dependence on one agricultural commodity (sugar) into manufacturing, tourism, horticulture and, latterly, financial services and ICT; politically speaking , in Mauritius the independence constitution established a multiparty democracy, and the country became a republic in 1992. The presidency is non-executive; political power lies with the Prime Minister and the cabinet; the EU’s political dialogue with the various ACP countries and Mauritius in particular is gradually increasing.

The amended visa waiver agreement will enable citizens not only to derive full benefit from the ACP-EU partnership but continuing also to participate in it by travelling at a reduced, economical and practical cost under a clearer and more coherent legal framework. It significantly deepens relations between the European Union and the Republic of Mauritius, which is politically highly significant in the context of the Cotonou Agreement.

PURPOSE: to conclude, on behalf of the Union, the Agreement between the European Union and Mauritius amending the Agreement between the European Community and Mauritius on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: by its Decision 2009/899/EC, the Council concluded the Agreement between the European Community and Mauritius on the short-stay visa waiver.

The Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Mauritius when travelling to the territory of the other Contracting Party for a maximum period of three months during a six months period.

Regulation (EU) No 610/2013 of the European Parliament and of the Council introduced horizontal changes in the Union’s visa and border acquis and defined a short stay as a maximum of 90 days in any 180-day period .

It is necessary to incorporate this new definition into the Agreement in order to fully harmonise the Union’s short-stay regime.

The Commission negotiated, on behalf of the Union, an agreement with Mauritius which amends the Agreement between the European Community and Mauritius on the short-stay visa waiver (the ‘amending Agreement’).

In accordance with a Council Decision, the amending Agreement has been signed.

CONTENT: the draft Council Decision now seeks the approval, on behalf of the Union, of the Agreement between the European Union and Mauritius amending the Agreement between the European Community and Mauritius on the short-stay visa waiver.

The provisions of the Agreement do not apply to the United Kingdom or to Ireland.

PURPOSE: to conclude, on behalf of the Union, the Agreement between the European Union and Mauritius amending the Agreement between the European Community and Mauritius on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: by its Decision 2009/899/EC, the Council concluded the Agreement between the European Community and Mauritius on the short-stay visa waiver.

The Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Mauritius when travelling to the territory of the other Contracting Party for a maximum period of three months during a six months period.

Regulation (EU) No 610/2013 of the European Parliament and of the Council introduced horizontal changes in the Union’s visa and border acquis and defined a short stay as a maximum of 90 days in any 180-day period .

It is necessary to incorporate this new definition into the Agreement in order to fully harmonise the Union’s short-stay regime.

The Commission negotiated, on behalf of the Union, an agreement with Mauritius which amends the Agreement between the European Community and Mauritius on the short-stay visa waiver (the ‘amending Agreement’).

In accordance with a Council Decision, the amending Agreement has been signed.

CONTENT: the draft Council Decision now seeks the approval, on behalf of the Union, of the Agreement between the European Union and Mauritius amending the Agreement between the European Community and Mauritius on the short-stay visa waiver.

The provisions of the Agreement do not apply to the United Kingdom or to Ireland.

PURPOSE: to conclude an agreement amending the agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: by Decision of 30 November 2009, the Council concluded the agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver.

Regulation (EU) No 610/2013 amended the Convention implementing the Schengen Agreement (CISA), Regulation (EC) No 562/2006 (Schengen Borders Code) and Regulation (EC) No 810/2009 (the Visa Code). In so doing, it has redefined the term of ‘short-stay’ for third-country nationals in the Schengen area.

As from 18 October 2013, for third-country nationals – irrespective of being visa required or exempt – who intend to travel to the Schengen area for a short-stay, the maximum duration of authorised stay is defined as '90 days in any 180-day period'.

The agreement between the Union and the Republic of Mauritius on the short-stay visa waiver should incorporate this new definition .

With a view to implementing the new definition of short stay provided for in the amendment to the Schengen Borders Code, the Commission adopted on 16 July 2014 a recommendation for a Council Decision authorising negotiations to amend the Schengen the short-stay visa waiver between the European Union and seven countries : Antigua and Barbuda, the Bahamas, Barbados, Brazil, Mauritius , Saint Kitts and Nevis and the Seychelles.

The negotiations with Mauritius were successfully finalised by the initialling of the amending agreement on 11 November 2016.

CONTENT: this proposal is presented to the Council to authorise the conclusion of the Agreement amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver.

The amendments introduced by the final agreement cover the following points:

Duration of stay : the final agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Mauritius when travelling to the other Contracting Party for a maximum period of 90 days in any 180-day period (instead of a maximum period of three months during a six months period following the date of first entry).

A joint statement on the interpretation of the 90-day period over any 180-day period is attached to the amending agreement.

Suspension of the agreement : the agreement provides that suspension of the waiver shall be lifted if the suspension is no longer required.

All other provisions of the existing agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver remain unaffected by the amending agreement, including the territorial scope.

The provisions of the agreement shall not apply to the United Kingdom or to Ireland.